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Mild COVID-19 Is Not a Disability Under Calif. Law

An employee with mild COVID-19 who was fired after she came to work while she was feeling ill, in violation of company rules, could not go forward with her lawsuit under California’s Fair Employment and Housing Act (FEHA), a federal court in California ruled. The employee did not have a disability and was not regarded as having a disability, and so was not protected under FEHA, according to the court.

The employee began working for the employer in 2018. By 2020, she had been promoted to the position of management associate. During 2020, she and other employees rotated responsibility for conducting COVID-19-targeted screenings for employees entering the workplace. To perform these screenings, the employees received training on COVID-19-safe policies and how to screen employees for COVID-19-related symptoms.

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